The Terms of Purchase are between you, the purchaser and the purchaser’s guests (together “you” or “the Participant”) and Mesa Agricola. In consideration of the consent of Mesa Agricola to provide you with services, you voluntarily agree to the following terms and conditions of purchase. If you do not agree to these terms, please do not purchase a ticket.
Refunds and Cancellation
Due to the nature of the events, no refunds or credits will be given if the Participant is unable to attend. However, tickets can be transferred to someone else. Please contact us at hola@mesaagricola.com with the new guest’s information at least 24 hours prior to the event, or tell the guests using your reservation to give your name at arrival.
In the case of an event being postponed due to circumstances beyond Mesa Agricola’s control, Mesa Agricola will reschedule said event and all purchases will be honored for the rescheduled future event date. No monetary refunds will be issued. If a guest is unable to attend the rescheduled event, Mesa Agricola will issue a credit for the original purchase amount, for the guest to use toward another event of their choice.
Eligibility
Mesa Agricola is a family friendly experience that welcomes guests of all ages. For food safety purposes, participants may not bring animals of any sort.
Some of our events may feature alcohol service provided by winery and distillery partners. If you are over 21 and interested in participating in alcohol tasting, please bring a valid photo ID for age verification purposes.
Weather
All events proceed rain or shine. In the event of rain, Mesa Agricola will arrange for shelter for the table. Participants will still receive a tour of the farm, and Mesa Agricola recommends dressing appropriately. Absent an evacuation situation, under no circumstances will a Participant be entitled to a refund or additional financial accommodations due to poor weather conditions.
Force Majeure
Any delay in whole or in part in the event caused by the occurrence of any fire, flood, earthquake, elements of nature or acts of God, pandemic or widespread illness, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other similar cause beyond the reasonable control of Mesa Agricola shall be excused and not considered a breach of this Agreement, nor shall it entitle the Participant a refund on the purchase amount.
Limited License
Mesa Agricola reserves the right to refuse admission to or eject any Participant whose conduct is deemed to be disorderly, or any Participant who fails to comply with the terms and conditions herein.
Media License
The Participant consents to Mesa Agricola’s commercial, journalistic and internal use of any media image, audio or visual, taken by, on behalf of, or for the use of Mesa Agricola during your participation in the event.
Assumption of Risk
By purchasing an event ticket, the Participant chooses to voluntarily participate with the full knowledge that the activity may be hazardous to your person or property, as well as the person and property of others. By participating in the event, the Participant represents and warrants that s/he knows of no medical or physical reason why s/he should not participate in the activities.
Release and Waiver
You assume all risk and danger incidental to the event whether occurring prior to, during, or after said event. Each participant knowingly and voluntarily releases, waives, discharges and relinquishes Mesa Agricola’s owner, managers, agents, and employees (collectively “The Releasees”) from any and all liability, claims and demands, injuries (including death), illness, property loss or damages including legal fees, costs, medical expenses and expenses of any kind or nature which arise from or relate to participant’s time and activities at the event as a result of the sole, joint, or concurrent negligence or strict liability of releases.
Limitation of Liability
Mesa Agricola shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, personal injury, or property damage, even if advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify, and hold harmless Mesa Agricola from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including but not limited to attorney’s fees arising from any loss, injury or other damage resulting from your negligence or act resulting in harm to another patron attending the event.
Jurisdiction
You agree to submit to the exclusive jurisdiction of any state or federal court located in the County of San Diego, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Arbitration
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference. In the event that the dispute, claim or controversy is not resolved through negotiation all claims and disputes are to be settled by binding arbitration in the State of California or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees.